Why this Blog ?
News articles in the Wide World of Web, quite often disappear with time, when they are relocated as archives with a different url. Archives in this blog serve as a library for those who are interested in doing Research on Aadhaar Related Topics.

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When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win. -Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.” -A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathandescribes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone badI have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant. Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017

Special

Here is what the Parliament Standing Committee on Finance, which examined the draft N I A Bill said.

1. There is no feasibility study of the project]

2. The project was approved in haste

3. The system has far-reaching consequences for national security

4. The project is directionless with no clarity of purpose

5. It is built on unreliable and untested technology

6. The exercise becomes futile in case the project does not continue beyond the present number of 200 million enrolments

7. There is lack of coordination and difference of views between various departments and ministries of government on the project

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar, MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

The Rural Development Ministry headed byJairam Rameshcreated a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.

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Wednesday, June 28, 2017

11555 - No Aadhaar, no banking and threat to privacy: Do you have a choice? -

No Aadhaar, no banking and threat to privacy: Do you have a choice?

The government has made Aadhaar mandatory for access to banking and filing I-T returns. But there are serious concerns about possible breach of privacy with private entities having access to Aadhaar data.

On June 1, the revenue department of the finance ministry issued a notification making linking of Aadhaar with bank accounts mandatory.

The notification amended the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 to make quoting of Aadhaar mandatory along with PAN or Form 60 by individuals, companies and partnership firms for all financial transactions of Rs 50,000 or above.

This has intensified the privacy debate in the country. West Bengal Chief Minister Mamata Banerjee termed it anti-poor and said, "Aadhaar has serious issues about privacy." The Supreme Court is already seized with the question of privacy versus Aadhaar.

IS AADHAAR MANDATORY?

The Supreme Court has more than once told the government not to make Aadhaar mandatory for citizens.

In 2015, on two occasions, the Supreme Court ruled that "it is not mandatory for a citizen to obtain an Aadhaar card" asking the government to advertise this prominently.

The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen, the Supreme Court had said. However, the apex court has allowed the government to link various schemes including MNREGS, LPG, PDS, EPFO, Old Age Pension etc with Aadhaar.

But, the Supreme Court ruling in 2015 clearly read, "... the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other."

The apex court has set up a constitutional bench to hear Aadhaar case. The Aadhaar Act 2016 also does not make Aadhaar mandatory for citizens.

HOW GOVERNMENT MADE IT MANDATORY

While the case is pending in the Supreme Court, the government has moved fast with Aadhaar enrollment drive.

This was backed by the Budget 2017 (passed by Parliament), which mandated seeding of Aadhaar number with Permanent Account Number (PAN).

Then came the amended Finance Act 2017. It made enrollment in Aadhaar compulsory for obtaining a PAN and filing Income Tax returns.

The government has court's permission to link its welfare schemes - which are voluntary in nature - with Aadhaar, which, the apex court said, could only be voluntary. This means that if a citizen does not want to avail benefits of those schemes like Old Age Pension, Widow Pension etc, s/he can stay away from Aadhaar.

The Finance Act effectively meant that an earning member of Indian society is a potential criminal if s/he does not have an Aadhaar as the citizen would not be able to file I-T returns, which s/he is legally bound to do.

Leakage of Aadhaar data of cricketer Mahendra Singh Dhoni's family members made headlines. Similar leakage of lesser mortals must have gone unnoticed.

Section 29 of the Aadhaar Act prohibits sharing, publishing, displaying or posting publicly the core biometric information collected under the project except in "the interest of national security". However, the Act does not state what constitutes national security.

Further, Section 57 of the Aadhaar Act, 2016 allows private companies to use the Aadhaar data to establish "identity of an individual for any purpose".

There are several reports confirming that the Aadhaar data of Indian citizens are with companies like Accenture, Ernst and Young, L-1 Identity Solutions - the American biometric technology provider and of course, Microsoft whose Skype Lite recently ruffled many privacy right activists in the country.

The Unique Identification Authority of India (UIDAI) and the government allow access to Aadhaar data of people by these companies through Authentication User Agencies, which are both governmental and non-governmental entities.

WHAT DO PEOPLE WANT?

According to an online survey conducted by noted citizen engagement platform LocalCircles, about 86 per cent of the respondents were in favour of a privacy law in India. Over 9,600 people participated in the survey.

Nearly 60 per cent of the respondents identified 18 attributes including biometrics and financial transactions to be brought under the purview of the privacy law. These attributes are:

There is no specific law passed by Parliament for protection against breach of privacy of individuals in India. A bill, Privacy Bill, 2011 was drafted by the UPA-II government but it is hanging fire since then.

Prime Minister Narendra Modi is said to have asked his ministerial colleagues to speed up the process regarding the Privacy Bill, on which last discussion is said to have taken place in March, 2015. The Bill is apparently on hold due to objections from intelligence agencies.

Only the Information Technology Act, 2000 has some express provision guarding individuals against breach of privacy by corporate entities. Section 43A was inserted into the IT Act in 2008 which makes the companies compromising sensitive personal data liable to pay compensation.

The government made eight rules on the basis of Section 43A of the IT Act. Beyond this, the right to privacy is dealt with under Article 21 of the Constitution which guarantees right to life and personal liberty.

COURTS ON RIGHT TO PRIVACY

In August 2015, while hearing the Aadhaar case, the Supreme Court referred the question of the constitutional validity of the right to privacy as fundamental right to a larger bench, which has now been constituted.

But, this was not the first time when the apex court dealt with the right to privacy question. In 1954, an eight-judge bench in MP Sharma vs Satish Chandra case and in 1962 a six-judge bench of the Supreme Court in Kharak Singh vs State of Uttar Pradesh case had equated the right to privacy with right to personal liberty but rejected it as fundamental or constitutional right.

The Delhi High Court had decriminalised homosexuality ruling a reading down of a provision in the IPC Section 377 that makes the act a crime. However, the Supreme Court later rejected the right to privacy theory in the matter upholding Section 377 of IPC.

The Supreme Court will be revisiting its old rulings and renewed legal debates when it reopens after the summer vacation and the Aadhaar case is brought up for hearing.

Aadhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.”

John Dreze,Visiting Prof of Economics, Uni of Allahabad, Ex-NAC Member

UID project is full of ambiguity, confusions and suspicions, but no answers -Usha Ramanathan

The Reserve Bank says Aadhaar is not good enough to open a bank account

You can Beat the UID reader with candle wax and Fevicol - J.T.D Souza

The very premise of Aadhar is flawed

It is a certification that those who claim to think on behalf of India or its underprivileged understand it so differently from the beneficiaries they think of.

In a nutshell, Aadhar will not bring about any of the benefits that are intended for its intended beneficiaries. Because that will be solving a problem of governance by adding another layer, that is imaginary and unnecessary.

To call it "technological leadership" is as removed from reality as calling a reader a writer of the book. At best it will mean that we can take a technology and ram it down the throat of the poor while other nations with stronger democratic roots and respect for citizens have not been able to do so for reasons of building consensus.

"Aadhar" is like dropping a car by helicopter in a village where there is no road and hope every villager can reach wherever they may want to go.

For anyone willing to think, Aadhar is a reflection of the huge disconnect that India has from both the world of the under privileged and the rest of the world.

Aadhaar the Last Nail in UPA II's Coffin

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

UID NOT UBIQUITOUS ANY LONGER MR. NILEKANI - TRUTH HAS PREVAILED JUST BEFORE THE ELECTIONS.

WhatsApp gained users because it was useful, and people wanted to download and use it. Aadhaar, sadly, cannot be said to have "users" yet. There are as yet few uses. This is why Mr Nilekani has to emphasise the number of enrolments, not the benefits that flow from Aadhaar - because those exist today only in theory. And the simple fact is that enrolments should not be seen as a sign of success. The Only Good Idea - Business Standard

"Loyalty to the country always. Loyalty to the government when it deserves it." - Mark Twain

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

The expose shows how citizens of Nepal and Bangladesh are offered Aadhaar cards without identity proof. The sting reveals that even MLAs and gazetted officers sign on the forged documents to make Aadhaar cards. IBN Live

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar,MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

Please think through before supporting UID/ Aadhaar, so you do not regret your decision.

Emphasising the need for separation of powers, James Madison bluntly observed in his essay, Federalist 51."Because men are not angels," they need government to prevent them, by force when necessary, from invading the lives, property, and liberty of their fellow citizens. He also noted that the same non-angelic men can wield the government’s coercive machinery to use it tyrannically—even in a democracy.

·The Rural Development Ministry headed by Jairam Ramesh created a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.

·Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

·AaAdhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.” John Dreze, Visiting Prof of Economics, Uni of Allahabad, Ex-NAC Member

"First they ignore you, then they laugh at you, then they fight you, then you win.”Mahatma Gandhi

"Protest is not something you delegate, politics is not something you outsource. It is what you stand for literally"Shiv Visvanathan, Indian Express.

"Whenever I despair, I remember that the way of truth and love has always won. There may be tyrants and murderers, and for a time, they may seem invincible, but in the end, they always fail. Think of it: always. "Mahatma Gandhi

"The function of a civil resistance is to provoke response and we will continue to provoke until they respond or change the law. They are not in control; we are."Mahatma Gandhi

"Let us begin by being clear... about General Smuts' new law. All Indians must now be fingerprinted... like criminals. Men and women. No marriage other than a Christian marriage is considered valid. Under this act our wives and mothers are whores. And every man here is a bastard."-Mahatma Gandhi

"It is easy to laugh at people who fire arrows at helicopter gunships, but on the other hand it is not so easy to defeat people who are willing to fire arrows at helicopter gunships."Vietnam: A War Lost And Won' authored by Nigel Cawthorne

You can fool all the people sometimes,You can fool some people all the time,But you cannot fool all the people all the time.Truth Shall prevail.Satyameva Jayate.

Aadhaar was meant to deduplicate peoples id's and Aadhaar itself is a Duplicate of NPR and needs deduplication according to Expenditure Finance Committee (EFC) headed by Secretary Sumit Bose.

Which is the bigger crime a poor family double dipping on PDS to stay alive or Govt wasting mega bucks on a white elephant called Aadhaar ?

Remember Aadhaar is not an ID card but just a Number to authenticate and tell you if you are in fact you and UIDAI will splurge Rs1.5 lakh crores ( Rs 1,500, 000, 000,000 ) in the next five years. What do people with Aadhaar get in return ? A lot of empty promises. It won't take long for people in India to wake up and understand what is going on.

How do we explain Loss of Privacy?Privacy is like our VISION.We will appreciate its loss when we go BLIND.

Massive collection of Video Clips on Unique Identity. Click on this Link http://flotadaslimaymedio.com.ar/tag/unique-identification/orderby-relevance/page1.html

WHAT AM I ?????"Yes, it is voluntary. But the service providers might make it mandatory. In the long run, I wouldn't call it compulsory. I would rather say that it will become ubiquitous"Nandan Nilekani, UIDAI Chairman (Excerpts from a conversation with Sadiq Naqvi and Akash Bisht) Answer: Aadhaar, the Unique Identity number & a Bar Code that each and every Indian will be branded with linked to a National Database maintained by UIDAI, with Help from L1 Identity a US Multinational.

"Opponents of the Aadhaar number have included advocates of privacy rights. The number however, is linked to limited personal information, with no profiling data included. Submitting a father’s name for example, is not required, allowing residents to adopt any name of their choosing and free themselves from caste identification."Nandan Nilekani's personal Opinion1061 - We have your number - OUTLOOK

Do all Indians want to become Numbers and be tracked like animals ?Do we have a Choice ?

IF IT TAKES SIX MONTHS TO ISSUE ONE MILLION NOT SO UINQUE IDENTITIES, HOW LONG WILL IT TAKE TO ISSUE 600 MILLION OR 1.2 BILLION UNIQUE IDENTITIES ?

WORDS OF WISDOM

“In matters of conscience, the law of the majority has no place.”Mahatma Gandhi"I have never known legislation of this nature being directed against free men in any part of the world. I know that indentured Indians in Natal are subject to a drastic system of passes, but these poor fellows can hardly be classed as free men."Mahatma Gandhi"...giving of finger prints, required by the Ordinance, was quite a novelty in South Africa. With a view to seeing some literature on the subject, I read a volume on finger impressions by Mr. Henry, a police officer, from which I gathered that finger prints were required by law only from criminals."Mahatma Gandhi"Democracy was the greatest gift of our freedom struggle to the people of India. Independence made the nation free. Democracy made our people free. A free people are a people who are governed by their will and ruled with their consent. A free people are a people who participate in decisions affecting their lives and their destinies".Rajiv Gandhi “How shall a democracy ensure its secret intelligence apparatus becomes neither a vehicle for conspiracy nor a suppressor of traditional liberties of democratic self-government?”Vice-President Hamid Ansari, Hi-tech without Panchayati Raj is just a bogus stunt for geeks and nerds."Mani Shankar Aiyar, Congress leaderAadhaar is not compulsory — it is just a voluntary “facility.” UIDAI's concept note stresses that “enrolment will not be mandated.” But there is a catch: “... benefits and services that are linked to the UID will ensure demand for the number.” This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily. The next sentence is also ominous: “This will not, however, preclude governments or Registrars from mandating enrolment.”John Dreze, Visiting Prof of Economics, Uni of Allahabad, National Advisory Committee Member"It is a Bad Idea to Marry UID with NREGA"Reetika Kehera"Civilization is the progress toward a society of privacy. The savage's whole existence is public, ruled by the laws of his tribe. Civilization is the process of setting man free from men."Ayn Rand “The twentieth century has been characterized by three developments of great political importance: the growth of democracy, the growth of corporate power, and the growth of corporate propaganda as a means of protecting corporate power against democracy”.Alex Carey, a noted Australian activist."People willing to trade freedom for temporary security deserve neither and will lose both."Ben Franklin.Liberty has never come from the government; it has always come from the subjects of it. The history of liberty is a history of limitation of governmental power, not the increase of it."Woodrow Wilson"All that is necessary for the triumph of evil is for good men to do nothing".Edmund Burke"Among a people generally corrupt liberty cannot long exist".Edmund Burke"Clearly, there is no longer such a thing as a safe electronic archive, whatever computing's snake-oil salesmen claim. No organisation can treat digitised communication as confidential. An electronic secret is a contradiction in terms".Simon Jenkins, Guardian UK“Privacy is not something that people feel, except in its absence. Remove it and you destroy something at the heart of being human.”Phil Booth, National co-ordinator of the campaign No2IDIn reality, Aadhaar intrudes into people's privacy that is hidden under the guise of reaching out.Srijit Mishra

Ten things you must know about UID

Some facts about the UID project that Indian residents should be aware of:

1. Aadhaar (the UID number) is not mandatory. People can choose not to be a part of the exercise.2. It is not restricted to Indian citizens only and is meant for residents of India, irrespective of their citizenship. An Aadhaar card does not establish citizenship of India, it is meant for identification.3. Even people without proper identification documents can apply for Aadhaar. Authorised individuals, who already have an Aadhaar, can introduce residents who don't possess any documents to establish their identity to enable them to receive their Aadhaar.4. Aadhar will not replace other identification documents such as ration card or passport.5. The UIDAI will collect only biometric and demographic information about an individual and will not ask for info on caste, religion or language.6. Date of Birth is optional (for people who don't remember/know their date of birth) and approximate age will suffice.7. Transgenders have been included in the options under gender and they need not classify themselves as male or female.8. Residents of India have an option to link their UID number to their bank accounts.9. To get an UID number residents will have to go to the nearest Aadhaar enrollment camp, details of which will be published in the local media. Residents will have to carry along certain documents, mentioned in the advertisement. Residents will also be photographed and have their fingerprints and iris scanned. The Aadhaar numbers will be issued within 20-30 days.10. The draft National Identification Authority of India bill has provisions against impersonation, providing false information and for protection of personal information collected by the UIDAI. Violations can attract penalties in the form of fines of up to Rs 1 crore and imprisonment extending up to a life term.